Abstract

The Supreme Court of Canada’s unanimous decision in Charkaoui v. Canada1 has attracted much public attention. Perhaps most newswor- thy is the fact that these cases —challenges by three men to provisions of the Immigration and Refugee Protection Act (IRPA)2 under which they were detained — represent the first time since September 11, 2001 that the Supreme Court has delivered a defeat to the government in its anti- terrorism efforts.